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HomeMy WebLinkAbout98-228 supportDONALD E. MEYERS, JR. Plaintiff Ve DEBRA A. MEYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 228 SUPPORT 1998 PACSES 816100061 IN RE: SUPPORT APPEAL BEFORE GUIDO, J. ORDER day of JUNE, 1998, after hearing, and based upon the Court's determination that the Plaintiff's net monthly income is $1100.00 and Defendant's net monthly earning capacity is $850.00, the prior Order of April 22, 1998, is vacated and Defendant is ordered to pay to Plaintiff the sum of $38.25 per week for the support of their minor child, Crystal Meyers. Said Order is to be effective from March 18, 1998. Since the child ceased living with Plaintiff on May 29, 1998, this Order is suspended effective on that date. Arrears to be determined by the Domestic Relations Office, with Defendant to be given Credit for any arrears owed her by Plaintiff in connection with any other Domestic Relations Order. Donald E. Meyers, Jr. Plaintiff Debra A. Meyers Defendant By the Edwa~ E. Guido, J. :sld DONALD E. MEYERS, JR. Plaintiff Ve DEBRA A. MEYERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 228 SUPPORT 1998 PACSES 816100061 IN RE: SUPPORT APPEAL BEFORE GUIDO, J. QPINION AND ORDER OF COURT On March 18, 1998, Plaintiff filed a complaint for the support of the parties' daughter Crystal Meyers, born February 4, 1982. A conference was held before the Domestic Relations Office and a recommended order was entered by this Court on April 22, 1998. Defendant filed a timely appeal. A hearing de novo was held on June 18, 1998. This matter is now ready for disposition. FINDINGS OF FACT 1) The parties are the parents of Crystal Meyers, born February 4, 1982. 2) At all relevant times, Defendant was employed at Taco Bell in Carlisle, Pennsylvania earning $5.90 per hour. Her net earning capacity is approximately $850 per month. 3) At all relevant times, Plaintiff was employed at John Gross and Company, Inc. earning $8.00 per hour. His net monthly earnings are approximately $1100.00. 4) The child ceased living with the Plaintiff on May 29, 1998. She no longer lives with either party. NO. 228 SUPPORT 1998 - PACSES 816100061 5) Neither party has any extraordinary expenses. DISCUSSION Although Defendant did not consistently work a forty (40) hour week, we see no reason why she was unable to do so. Therefore, we have based our calculations upon her earning capacity as pursuant to Pa. Rule of Civil Procedure 1910.16-5 (c) (5). Since neither party has any extraordinary expenses, we see no need to deviate from the support guidelines set forth in Pa. Rule of Civil Procedure 1910.16-1 et seq. Applying those guidelines to the instant case, we have determined Defendant's support obligation to be $38.25 per week. It is clear that the minor child no longer lives with either party. Therefore, the effective dates of our order will be March 18, 1998, to May 29, 1998. Any arrears may be determined by the Domestic Relations Office. ORDER AND NOW, this 26TH day of JUNE, 1998, after hearing, and based upon the Court's determination that the Plaintiff's net monthly income is $1100.00 and Defendant's net monthly earning capacity is $850.00, the prior Order of April 22, 1998, is vacated and Defendant is ordered to pay to Plaintiff the sum of $38.25 per week for the support of their minor child, Crystal Meyers. Said Order is to be effective from March 18, 1998. Since the child ceased living with Plaintiff on May 29, 1998, NO. 228 SUPPORT 1998 - PACSES 816100061 this Order is suspended effective on that date. Arrears to be determined by the Domestic Relations Office, with Defendant to be given Credit for any arrears owed her by Plaintiff in connection with any other Domestic Relations Order. By the Court, Donald E. Meyers, Jr. 36 North York Road Dillsburg, Pa. 17019 Debra A. Meyers 118 South Wharf Road Mechanic sburg, Pa. 17055 Domestic Relations Office :sld Edward E. Guido Edward E. Guido, J.